Mr. Madison believed, that if a war were to break out between Great Britain and Spain, we should then be as free to make such a regulation as we are during the war at present; and if so, he did not see the necessity of going into such a measure at present.

He thought there was some weight in the argument of the gentleman from Pennsylvania (Mr. Swanwick) that if this was an advantage given to Spain, we ought to have something in return; and though she might, from a principle of magnanimity, grant us a similar regulation, it would be more certain to have it secured by treaty. As he did not see the necessity for this measure, he did not like a legislative interference, of any sort under present circumstances. The executive was charged with the application of the laws of nations, and were responsible on that subject; the legislature were to define them. This would induce hesitation at least. He had not thought much on the subject; but he believed there was nothing in the present case, that could require the interference of Congress, in a manner to assume a responsibility belonging to the executive department.